If this is your first visit be sure to check out the frequently asked questions by clicking here FAQ. You must be registered, logged in and approved before you can post. Posting approval may take a few business days. To start viewing messages, select the forum that you want to visit from the selection below. You may have to register.

Over the limit under arrest

02-16-2017, 05:17 PM

If someone is over the limit there is no discretion with me. I NEVER give breaks to anyone that makes the decision to operate a motor vehicle while under the influence of alcohol. I've seen other officers give breaks citing, 'their discretion'. What's your personal opinion on giving breaks to folks who are clearly over the limit?

All depends on agency policy, but in most cases, there is no discretion.

Getting shot hurts! Don't under estimate the power of live ammo. A .22LR can kill you! I personally feel that it's best to avoid being shot by any caliber. Your vest may stop the bullet, but you'll still get a nice bruise or other injury to remember the experience.

Comment

In my last agency there was no discretion and you got fired for kicking someone loose who was over the limit.

In the agency I worked for prior to that it was just the opposite and we had full discretion. You could call a cab, drive them home if time permitted, call a friend, etc. However, we only had one or two officers for a 400 square mile patrol area. It took an officer out of the field for almost an entire shift to process a DUI (FST, inventory and tow, transport to hospital for blood draw, transport to county jail to book, write reports, get report approved, correct, etc,) so you had to weigh what served the greater good - arresting and processing a DUI, or leaving a 400 square mile service area without coverage for an entire shift.

Comment

True, but I wouldn't deal with that kind of stuff roadside...the powers that be can sort out anything like that after drop off at the resort. With regard to DUI- if you are impaired you go to jail, no questions. That includes impairment under .08

Comment

I don't like blanket "shall arrest" policies and have never been a fan of sand bagging people. Having said that, I used to make a lot of DWI arrests when I was in uniform. I think this is one of those things like speeding, enforcement depends a lot of local/regional culture.

Some places 15 over is a big deal, some places thats the flow of traffic. Some of you guys think hammering a guy who is an .07 is a good pinch, some places you would get laughed out of court.

Comment

All of our PBTs (we give one to just about every driver we stop as well as at random breath test checkpoints) are calibrated regularly. Each individual test is time/date stamped with the result.

When the device is downloaded at calibration time all positive results will be compared to processed offender statistics. If there's an unaccounted for positive test then there will be some questions to answer.

Comment

DWAI, and amount of impairment with any amount of alcohol, is a very common conviction here... and counts the same as a Per Se .08 DUI for our felony DUI law.

So why have a legal limit? Why not go to a .00% law? How do you articulate impairment for alcohol when SFST were designed to determine a suspect with a BAC of .10% or better?

Now, I know the reality. I know some people can show signs of impairment at after 1 drink. I get it.

But any sign of impairment + alcohol = an arrest? So if I have a beer at dinner and drive, and get stopped for a brake light being out, Im nervous and I fumbled getting my license out my wallet, SFST won't show signs of impairment, but the wallet fumble is a definate sign of impairment, and there is that zero tolerance policy... Im arrested? And I blow an .02% Im going to be prosecuted?

I watched that show DWI a while back and was scratching my head. The trooper (I wont say which state) got a guy at a checkpoint No violation committed. He smelled OAB, did SFST, no PBTand bagged him. The guy blows under and still gets locked up. 1. How can you claim his ability was impaired when your sole basis for the stop was a checkpoint and no violation was committed, .2 how do you say his ability was impaired when your tests won't even pick up clues at that BAC? Whats your PC?

That is where I have an issue. This kind of stuff has nothing to do with traffic safety. Thats a numbers game, pure and simple. Collars for dollars.